BENTON HARBOR — While this southwest Michigan city’s new Jack Nicklaus Signature golf course opened this summer only partially constructed, more than 2,500 visitors have hit the links in what used to be the public dunes along Lake Michigan. And just as expanded operations ramp up into the 2010 season, concerns about the privatization of public parkland in a poverty-stricken community are finding an audience in some powerful venues.

This drainage ditch near the picnic area in Benton Harbor's Jean Klock park was not part of the plan approved by the Michigan Natural Resources Trust Fund, locals say.

This drainage ditch near the picnic area in Benton Harbor's Jean Klock park was not part of the plan approved by the Michigan Natural Resources Trust Fund, locals say.

Three years after approving the conversion of the public park to a private golf course, the Michigan Natural Resources Trust Fund is asking developers to respond to community concerns that the Harbor Shores complex is larger than was originally approved and that contaminated former industrial parcels offered to the community in trade for the lakefront land have not been developed into promised recreational lands.

Harbor Shores Community Redevelopment Inc., the non-profit developer of the project associated with the locally headquartered appliance giant Whirlpool Corp., has said the course will serve as the centerpiece of a luxury residential and commercial development — annual course fees have been set at an introductory rate of $3,500 next year.

The project has received millions in financial support from the state and Gov. Jennifer Granholm has praised it as an example of positive economic development. But the project has also faced protests, civil disobedience and multiple lawsuits because it involves constructing a private golf course on land given to the city for use as a public park in 1917.

Approval to privatize Jean Klock Park was needed from the Michigan Natural Resources Trust Fund because in 1989, the fund gave Benton Harbor a $375,000 grant for dune restoration, parking and other improvements at the park and beach including access roads, utility upgrades, picnic shelters, observation towers and platforms and security fencing.

In 2006, the MNRTF approved a plan, backed by the city of Benton Harbor, to convert 22 acres of the 73 acre park into a private golf course. The conversion proposal included a promise to build recreational trails on a series of former industrial parcels offered in trade for the parkland. The board asked for annual reports from the city.

On Oct. 21, representatives from the Benton Harbor city government and Harbor Shores went before the MNRTF for their first presentation on the status of developments in the park.

Juanita Henry

Juanita Henry

In her presentation to the MNRTF, Benton Harbor City Commissioner Juanita Henry used maps to describe several areas in the park where the golf project had crossed the boundaries established in the approved conversion proposal. Henry also discussed concerns about the safety of the parcels offered in trade for the park, the difficulties residents now face in accessing the park and the impact of an unapproved drainage ditch that empties near the public picnic area.

A side-by-side comparison of the approved and current development is available on the website of the group Save Jean Klock Park.

One observer present at the meeting, who asked not to be identified, said that the commissioners were upset by the information presented by Henry.

“They said that their trust had been betrayed and that they expected some explanation as to why things had occurred outside the conversion area.”

“They were not happy. They had just sat through the Saugatuck dunes presentation which was all about protecting and preserving the environment … and then we see this exhibit of what kind of devastation had occurred in Jean Klock Park.”

MNRTF members did not return messages seeking comment on the matter.

DNR staff acknowledged that the board had requested that Harbor Shores produce responses to Henry’s concerns.

The Natural Resources Trust Fund which approved the conversion of Jean Klock Park for golf, has announced that it will spend millions to preserve a similar stretch of dunes along Lake Michigan in Saugatuck

The Natural Resources Trust Fund which approved the conversion of Jean Klock Park for golf, is expected to authorize millions to help preserve a similar stretch of dunes along Lake Michigan in Saugatuck

Suzanne Dixon of Douglas attended the October MNRTF meeting as a member of the League of Women Voters and the Kalamazoo chapter of Sturgeon for Tomorrow to support a proposal for state funding of acquisition of Lake Michigan dunes near Saugutuck, about 60 miles north of Jean Klock Park.

Dixon came away from the meeting worried about impacts the Jean Klock Park privatization may have for conservation efforts elsewhere.

In an Oct. 28 letter to the Allegan County News, titled “Park-abuse lessons hold import here,” Dixon described the disconnected contaminated parcels Benton Harbor had received in exchange for its parkland.

“This story is an example of the narrow oversight received from our government,” she said. “I saw a resort with golf course, restaurant, hotel and condos cloaked with non-profit status.”

“I appreciate our local area for its rural character and natural features. Visitors to our community come for the same reason. We worked on a master plan as a community with a very high level of participation. The warning is to be proactive in working with government to defend our zoning, restrict building on critical dunes or any other regulated use. We must all be vigilant that rules are adhered to. Don’t be passive; it could happen here.”

Harbor Shores spokeswoman Wendy Dant Chesser did not return a call seeking comment on the meeting.

Department of Natural Resources spokeswoman Mary Dettloff said that the Natural Resources Trust Fund is expected to further explore concerns about the golf development during its next meeting at Lansing Community College on Dec. 2.

Legal fight over privatization continues

On Nov. 3, a three-judge panel of the Michigan Court of Appeals in Grand Rapids heard arguments from Benton Harbor residents who claim that the privatization of the park violates the terms of the deed that granted it to the public as well as a 2004 consent judgment in which the city of Benton Harbor agreed to preserve the park for public use.

In August 2008, Berrien County Circuit Court Judge Scott Schofield
dismissed this case, ruling that “a golf course is a park purpose” and that the planned Jack Nicklaus course did not conflict with the park deed.

“We think he got it wrong,” said plaintiffs attorney Scott Howard. “The deed restriction doesn’t allow a private entity to build a private golf course in the park.”

A decision is also awaited in a federal case in which plaintiffs argue that federal agencies failed to follow environmental law when they approved construction of the golf course.